Notice Periods in Temporary Accommodation

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    We have received an application from a claimant for HB on two homes. She is leaving temporary accommodation and moving to a permanent housing association property. Her temporary accommodation property is provided by a housing association, and she has been given an assured shorthold tenancy agreement to pay rent directly to them. She has been advised she needs to provide four weeks notice to leave her temporary accommodation.

    I’ve checked the regulations and can’t see anything which stops them requiring a notice period, but four weeks feels excessive for temporary accommodation. Is this a situation anyone else has come across before?

    Trevor Kenward

    What does it say in the temp accommodation licence agreement, is the rent charged weekly or monthly? Unless the same HA is involved in both properties then as long as you are satisfied that there was a requirement to give the period of notice and that there was a dual unavoidable liability then the 2 homes rule would be satisfied.

    Andy Thurman

    Unless this is a ‘bespoke’ provision (something like a mother and baby unit or other supported scheme???) where there is a likely gap between placements, this would seem excessive. (If this is a direct provision for the LA’s homelessness requirements I would seek your Housing team’s input.)
    I would also be looking at whether the rent includes a void rate.

    While it is potentially unreasonable on the person/claimant (I would expect homeless placements to be a daily liability or maybe a weekly one with no further notice period), it is also important to remember that a notice period cannot be enforced if the property is re-let – operationally, therefore, a longer notice period should not be necessary as the priority should surely be to get someone else in as soon as possible. (This is true of all tenure types – if the property is let to someone else, it brings an early end to any notice period.)

    John Boxall

    When I owned a property that I let out the agent was most particular about the fact that it could not be relet until the notice period had expired and that we needed the tenants agreement to work on the property even though they had left before the notice expired.

    I suspect that not all landlords or agents are as particular

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

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